If the other party agrees to a divorce then it is advisable to ensure they will admit the adultery before you present your Petition at court for issuing. This is usually obtained by asking them to sign an admission statement. Adultery is also proved in undefended divorces by the Respondent answering yes to the question ‘Do you admit to the adultery alleged in the petition?’ in the Acknowledgment of Service.
If the other party intends to defend the divorce or does not admit the alleged adultery then the situation will be more complicated in terms of the evidence required to prove adultery. We will discuss this with you if it becomes necessary.
It is not necessary to name the person with whom the other party has committed adultery unless you believe your husband or wife will defend the divorce, in which case the person involved will be joined as a party to the proceedings and will be named as the co-respondent. This will increase your legal costs as the co-respondent must be served with all of the relevant divorce papers and engage in the process as a party to the proceedings.
In addition to proving adultery, you must establish that you find it intolerable to live with the other party. It is for this reason that you cannot present a Petition for divorce based on your own adultery.
Furthermore, you cannot present a Petition on the basis of adultery if you have lived with your husband or wife for a period of 6 months or more after you have found out about the adultery.